State Bank Of India vs A K Vaghela
2025 Latest Caselaw 7227 Guj

Gujarat High Court

State Bank Of India vs A K Vaghela on 6 October, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

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                             C/LPA/1463/2024                                       ORDER DATED: 06/10/2025

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                             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/LETTERS PATENT APPEAL NO. 1463 of 2024
                          In R/SPECIAL CIVIL APPLICATION NO. 7502 of 2010
                                                With
                       CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2024
                            In R/LETTERS PATENT APPEAL NO. 1463 of 2024
                       =============================================
                                                STATE BANK OF INDIA & ANR.
                                                           Versus
                                                    A K VAGHELA & ANR.
                       =============================================
                       Appearance:
                       MR KAMAL TRIVEDI, SENIOR ADVOCATE WITH MS DHARMISHTA
                       RAVAL(707) for the Appellant(s) No. 1,2
                       MS HETAL PATEL, AGP for the Respondent(s) No. 2
                       MS MAMTA R VYAS(994) for the Respondent(s) No. 1
                       =============================================

                        CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                              SUNITA AGARWAL
                              and
                              HONOURABLE MR.JUSTICE D.N.RAY

                                        Date : 06/10/2025
                                          ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Heard Mr.Kamal Trivedi, learned Senior Advocate assisted by Ms.Dharmishta Raval, learned counsel for the appellants, Ms.Mamta Vyas, learned counsel for the respondent No.1 - original petitioner and Ms.Hetal Patel, learned Assistant Government Pleader for the State respondent.

2. This intra-court appeal is directed against the judgment and order dated 15.07.2024 passed by the learned Single Judge in allowing the writ petition quashing the punishment of dismissal awarded by the appellant - bank and directing the

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appellant to grant consequential benefits to the respondent as he has superannuated from service during the pendency of the proceedings before this Court.

3. Pertinent is to note that the departmental inquiry with the issuance of the charge-sheet dated 30.08.2008 was initiated by the appellant - bank on the premise that the original petitioner had submitted a false caste certificate in connection with his employment in the bank. The charge against the original petitioner, which became basis of his dismissal from service categorically states that the petitioner had submitted a false caste certificate of Scheduled Caste category dated 29.01.1975 issued by the Samaj Kalyan Adhikari, Rajkot, at the time of his appointment into the service of the bank, which records that the petitioner belongs to 'Vankar' caste, which is a Scheduled Caste. The stand of the appellant - bank before the learned Single Judge was that the charge-sheet dated 30.08.2008 was issued after making an inquiry from the District Magistrate, i.e. on verification of the caste certificate dated 29.01.1975, and the school leaving certificate dated 02.06.1969, which was the basis of issuance of the caste certificate dated 29.01.1975.

4. It is submitted before us by the learned Senior Counsel appearing for the appellant - bank that in the inquiry conducted by the bank to verify the correctness of the caste certificate, it was transpired with the communication dated 05.05.2007 sent by the District Magistrate that one school leaving certificate dated 25.04.1967 of the Primary School and another school leaving certificate dated 02.06.1969 of the

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High School, recorded the caste of the respondent - original petitioner as 'Vanza' and not 'Vankar'. The copy of the communication dated 05.05.2007 and the school leaving certificates dated 25.04.1967 and 02.06.1969 are appended at pages '145' to '147' of the paper-book to submit that in the inquiry conducted by the District Magistrate, it transpired that the original petitioner does not belong to 'Vankar' caste and he is a member of the caste 'Vanza'. The submission, thus, is that the report of the inquiry conducted by the District Magistrate was put to the petitioner during the course of the departmental inquiry and the petitioner has admitted that he is a member of caste 'Vanza', but submitted that 'Vanza' caste was also belonging to Scheduled Caste at the relevant point of time and the certificate dated 29.01.1975 was a valid certificate issued by the competent authority. The petitioner being a member of Scheduled Caste, his appointment cannot be said to have been obtained on any misleading document.

5. It is submitted by the learned Senior Counsel appearing for the appellants that once the original petitioner had admitted during the course of the departmental inquiry that he belongs to the caste 'Vanza' and not 'Vankar', that statement itself was sufficient to hold that the petitioner had obtained appointment by producing a false caste certificate dated 29.01.1975, wherein he has been mentioned as belonging to 'Vankar', a Scheduled Caste recognized in the State of Gujarat.

6. Taking note of the above, pertinent is to note that there is no dispute about the fact that a caste certificate dated

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29.01.1975 was issued by the competent authority, namely Samaj Kalyan Adhikari, District Rajkot in the name of the original petitioner, which was the basis of seeking appointment in the appellant - bank. The form filled by the petitioner appended at page '125' of the paper-book categorically records that the petitioner had declared himself as a member of Scheduled Caste. Though it is submitted on behalf of the appellant-bank that the school leaving certificate dated 02.06.1969, which is appended at page '129' of the paper-book was the basis of issuance of the caste certificate, but admittedly there is no report of verification about the genuineness of the said school leaving certificate from the school concerned. In the inquiry conducted by the District Magistrate, though two school leaving certificates dated 25.04.1967 and 02.06.1969 were produced but the fact remains that the caste certificate dated 29.01.1975 has not been cancelled by the competent authority so far, after following due procedure prescribed for the purpose.

7. The inquiry into the caste of a person would require collection of facts, material to ascertain as to whether the person concerned belongs to Scheduled Caste or not. Further, no verification has been made by the appellant - bank about the correctness of two certificates appended at pages '146' and '147' of the paper-book from the school concerned directly. As on date, the caste certificate dated 29.01.1975 is a valid piece of document issued by the competent authority and the same has not been revoked or cancelled by the competent authority by terming it as a false or forged document. Once this is so, the charge mentioned in the

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charge-sheet dated 30.08.2008 issued to the petitioner that the petitioner had submitted a false caste certificate in connection with his employment in the bank, is not proved.

8. With this, we do not find any error in the decision of the learned Single Judge in holding that the appellant authorities had not initiated any action to scrutinize the sanctity of the caste certificate by referring it to the Scrutiny Committee and hence, the appellant authorities had failed to prove the caste certificate being false, which was the specific charge framed against the petitioner.

9. With that, we do not find any substance in the submission made on behalf of the appellant - bank, based on some statement made by the petitioner during the course of the inquiry. The document which was basis of securing appointment of the petitioner at the relevant point of time being a valid piece of document, no infirmity can be found in the judgment passed by the learned Single Judge. With the above, the appeal stands dismissed being devoid of merits. No order as to costs. All pending Civil Applications stand disposed of.

10. Before parting with this order, we may record that under the interim order dated 15.04.2025 passed by this Court, an amount of Rs.9,66,239.67/- has been deposited before the Registrar General of the High Court, by the appellant - bank towards part payment to the petitioner - respondent herein. We provide that the said amount shall be duly released in

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favour of the respondent - original petitioner on a proper application moved by the learned advocate appearing on his behalf. As regards the consequential benefits pursuant to the order passed by the learned Single Judge, we further provide that the appellant bank shall do the needful and make necessary payment, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.

11. Subject to the above, the appeal stands dismissed.

(SUNITA AGARWAL, CJ )

(D.N.RAY, J) GAURAV J THAKER